Appeal No. 1997-4046 Page 6
Application No. 08/040,117
discloses a bladder pump for obtaining samples from wells. In
our view, all of the structure recited in claim 28 reads upon
the pump disclosed in Figure 2 of Niehaus. The only argument
advanced by the appellants with regard to this rejection is
that the Niehaus pump does not apply both pressure and suction
to the bladder (Brief, pages 43 and 44). However, this clearly
is not the case, for beginning at column 12, line 59, Niehaus
describes means for alternately applying vacuum and positive
pressure to the bladder in order to pump water through the
device, as is required by claim 28. This same passage teaches
the method of pumping set forth in claim 30. The rejection of
claims 28 and 30 therefore is sustained.
Claims 29, 31 and 32 also stand rejected as being
anticipated by Niehaus. Claim 29 adds to claim 28 the
requirement that the pump be less than ten feet in length.
While Niehaus teaches that the capacity of the pump can be
varied by varying its length (column 9, lines 7-14), the
dimension specified in claim 30 is not disclosed, and therefore
this reference cannot be considered as being anticipatory of
the subject matter of the claim. This rejection of claim 29 is
not sustained.
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